The House of Representatives passed on Friday the Preventing Greater Uncertainty in Labor-Management Relations Act, which would prohibit the National Labor Relations Board from issuing any rulings until certain conditions are met.
In January, an U.S. appeals court invalidated three recess appointments made by President Obama one year earlier, ruling the appointments as unconstitutional. The court also ruled President Obama’s recess appointment of Richard Cordray to head the CFPB as unconstitutional, raising concerns regarding the validity of rulings and decisions by both the CFPB and NLRB.
“In the same way the NLRB appointments create uncertainty, the president’s non-recess recess appointment of the CFPB director calls into question the legality of all actions undertaken by the CFPB since this appointment was made,” House Financial Services Committee Chairman Jeb Hensarling, who voted in favor of the measure, said.
The legislation, which passed 219-209 and was introduced by Rep. David Roe (R-Tenn.), prohibits the NLRB from taking any action until the Supreme Court rules on the constitutionality of the appointments, the terms of the appointees expire or a board action is constitutionally confirmed.
“The president’s action was unprecedented…” Rep. John Kline (R-Minn.) said in prepared floor remarks. “The work of the board is tainted. Every decision it issues is ripe for appeal on the basis the board itself is not legitimate.”